2012 CANADA 55+ GAMES HOST AGREEMENT

 

THIS AGREEMENT is made in triplicate and is effective this 2nd  day of

February in the year 2011.

 

BETWEEN:

 

THE CANADA 55+ GAMES ASSOCIATION

(Hereinafter called the “C55+GA”)

 

- and -

 

THE CBRM HOST ORGANIZATION for the

2012 Canada 55+ Games

(Hereinafter called the “Host”)

 

WHEREAS:

 

A.        The C55+GA has determined that the 2012 Canada 55+ Games (hereinafter called the “Games”) will be held from the 22nd – 25th of August, 2012 in the Cape Breton Regional Municipality (CBRM), in the province of Nova Scotia.

 

B.        The Host has accepted the responsibility for the preparation, organization and

delivery of the Games to be held from month/dates/year in the Cape Breton Regional Municipality (CBRM), in the province of Nova Scotia.

 

 

THE PARTIES AGREE AS FOLLOWS:

 

GENERAL

 

1.         It is a condition of involvement in the Games that each participant or non-participant must:

 

(a)             Complete the registration form, including a waiver of release of liability,

and pay the required fees;

 

(b)             Carry on his/her person at all times the Medical Form as provided by the

C55+GA in the Registration Package; and

 

(c)        Acknowledge that the Host and the C55+GA will not be responsible for any medical and health care costs incurred by any participant.

 

 

 

FINANCIAL OBLIGATIONS AND ACCOUNTABILITY

 

2.         The Host will generate the revenue and pay the expenses incurred by the Host

necessary for the preparation, organization and delivery of the Games, except as

otherwise stated in this Agreement. The Host will be responsible for obtaining

and coordinating sponsorships at local, regional, provincial and federal levels.

Sponsorships will be reported to the C55+GA.

 

(a).      The Host will provide C55+GA with 20% of net profit if any realized through the preparation, organization and delivery of the Games. Conversely, any deficit incurred by the Host in relation to the Games will remain the responsibility of the Host.

 

(b).             Any federal funding will include costs for compliance with the Official

Languages Act, if necessary. Where any Province/Territory’s legislation

requires translation services, any such costs of translation shall be the

sole responsibility of the respective Province/Territory.

 

3.         The Host will collect registration fees for the Games as follows:

 

(a)               $110.00 from each participant from a member province/territory;

 

(b)               $75.00 from each non-participant (member or non-member); and

 

(c)        $120.00 per participant from non-member provinces (British

Columbia, Newfoundland/Labrador and Nunavut).

 

4.         The Host will forward $20.00 from registration of a participant from a member             province/territory and $30.00 from each non-member province/territory             participant registration collected to the C55+GA by the Host no later than 90 days             after the conclusion of the Games.

 

 

C55+GA OBLIGATIONS

 

5.         The C55+GA will provide technical support to the Host by way of a Technical

Director with whom to consult and a Technical Package providing rules and

regulations for all activities listed in the Canada 55+ Bid Guidelines. The

Technical Director will be available to travel to the host community as required

and at the request of the Host Organization. Two visits prior to the Games are

mandatory. The C55+GA will pay travel and other expenses for a visit at the time of the AGM the year before the Games and for several days prior to the start of

the Games, usually about three to four weeks prior to commencement of the             Games. The Host Organization is responsible for travel and other expenses if             visits are requested             by the Host outside             of the C55+GA AGM dates or the visit             prior to the Games.

 

6.         The C55+GA will provide advice to the Host Organization in terms of Protocol

issues related to the use of the C55+GA Flag, passing the C55+GA Flag from Host to Host, C55+GA appearances and/or speaking at Opening and Closing Ceremonies.

 

7.         The C55+GA will provide advice to the Host Organization in terms of expectations of Games Results. This will include format, distribution and other related items.

 

8.         The C55+GA will provide timely advice on and approval of the following:

registration form; logo design; Souvenir Games Pin design; Plans for Opening

and Closing Ceremonies; medal design; and approval for any demonstration

events.

 

9.         The C55+GA will provide a medical request form that is to be included in all registration packages sent to participants and non-participants. This form is to be carried by all participants at all times during the games.

 

10.       Last minute withdrawals from the games due to medical issues unfortunately do occur occasionally. The Director for the individual who has to withdraw for these reasons is to notify the President of the C55+GA immediately and be able to provide, if requested, substantiation from a medical authority of the participants medical condition. The President of the C55+GA will in turn immediately notify the Host and request that any registration fees paid by this individual be reimbursed immediately by the Host after completion of the Games.

 

11.       Fillers may be used, with the approval of the Directors of the C55+GA, to make a viable competition. Fillers will pay full registration fees and will have full privileges.

 

12.       The C55+GA will provide an electronic copy of the Games Rules to the Host Committee and will ensure that any changes to this rule book that may occur before the commencement of the Games are forwarded to them immediately.

 

13.       A copy of the final report of the previous Games Host Organization will be

provided to the Host.

 

14.       If and when required, the President of the C55+GA or his/her delegate will conduct media interviews before, during and after the Games.

 

15.       The C55+GA will establish a Committee to determine the winner of the Spirit of the Games award. The presentation is to be made during the Games' Closing Ceremonies.

 

 

HOST OBLIGATIONS

 

16.       The Host will obtain general liability insurance for the duration of the Games.

The policy will provide coverage for third party bodily injury and property

damages, including participants’ liability, and will be subject to limits of liability

not less than $1,000,000.00 per occurrence. The Cape Breton Regional             Municipality and the            C55+GA will be named as additional insured under the       policy. Certificates evidencing the foregoing coverage and certified copies of the             policy will be made available to the C55+GA upon request.

 

17.       The Host will develop a comprehensive marketing strategy for the Games. The

C55+GA will co-operate in its implementation in the Provinces and Territories. If

the marketing includes the development of an official Games web site there must

be a link to the C55+GA web site ( www.canada55plusgames.com ). If no official

web site is developed by the Host, the Host will provide information to the C55+GA for addition to the C55+GA web site.

 

18.       Based upon the C55+GA template, the Host will design a Registration Package for participants and non-participants which shall be approved by the C55+GA prior to distribution and which shall include, but not be limited to: registration form; medical waiver form provided by the C55+GA; Provincial/Territorial contacts; and information regarding what the participant and non-participant fees will include. The registration Package should be sent to Provincial/Territorial Directors no later than February 1st, 2012. The deadline for registration shall be June 30 (except Saskatchewan, July 22) unless otherwise approved by the C55+GA. Within two weeks after the close of registration the Host will send each prov/terr a list confirming those who have registered from that prov/terr. Provincial/territorial representatives must resolve any discrepancy immediately.

 

19.       The Host will design and produce a Logo for the Games to be used for

identification, promotion and communication of all Games-related materials and

activities. The logo design will be submitted to the C55+GA for approval prior to

use. The C55+GA logo must be included in the design.

 

20.       The Host may seek and obtain copyright protection for this Logo, but all              participants of the Games are allowed to wear the Logo on their team shirt.

 

21.       The Host reserves the exclusive right for designing and marketing a Souvenir

Games Pin and other Games promotional items. The design will be based on

the Logo and will be submitted to the C55+GA for approval prior to use. The

C55+GA logo must be included in the design.

 

22.       The Host will provide medical and/or first aid equipment and services at all of the

Game’s venues, at the discretion of the Host and subject to available resources.

Each Province/Territory is responsible for ensuring that respective competitors

have medical clearance to participate in the Games, and health care insurance

coverage for the Games.

 

23.            Pursuant to Para 10 above, the Host will refund any and all registration fees to             participants who have had to withdraw from the Games at the last moment due to             unforeseen medical problems.

 

24.       The Host will forward for approval of the C55+GA, draft copies of the detailed plans for the opening and closing ceremonies programs at least four months in advance of the start of the Games.

 

25.       For the 2012 Games the Host will offer at least thirteen (13) of the fifteen (15)     Core Activities as listed in Appendix 1 to this Agreement, unless otherwise             exempted by the C55+GA.

 

26.       The Host will further offer a minimum of seven (7) and a maximum of eleven (11)

Optional activities taken from the list of activities as shown in Appendix 2 to this

Agreement. If the Host so desires they may substitute up to two (2) of these

activities with other (local) activities that they feel would be of interest to the

participants at large. These two (2) activities will be considered as

Demonstration events. If so desired by the Host, these Demonstration events             may be opened to the public in order to generate more interest among the             local             populace. Normal registration fees will not apply unless the Host intends to             include the Opening and Closing ceremonies/banquet as part of this package.             The Host will determine what entrance fee is appropriate for the Demonstration             event(s), and the proceeds from the public participation in these Demonstration          events will remain solely with the Host.

 

27.       The Host will be responsible for providing medals for every event other than

demonstration events. The medal design will include the C55+GA Logo and will be approved by the C55+GA prior to being struck.

 

28.       The Host is normally responsible for providing provincial/territorial flags and appropriate stanchions so that these may be carried during the Opening ceremonies parade. If, for whatever reason, the Host is unable to do this, they are to inform the President of the C55+GA at least three months prior to the Games so that alternate arrangements can be made.

 

29.       The Host will ensure that knowledgeable officials are enlisted, through the

National/Provincial/Territorial sport governing bodies where possible, to officiate

at each Games event. The Host will arrange for the C55+GA Technical Director to meet with all officials prior to the Games to ensure that official rules are

understood and will be observed in all instances. Officials are to be provided

with copies of the appropriate C55+GA Game Rules for their event and are to be

fully knowledgeable of their content. If for any reason there is a requirement or desire to divert from the rules as stated, this change(s) must be requested of, and approved by, the C55+GA at least one month prior to the commencement of the games.

 

30.       The Host must operate the individual events at the Games in accordance with

the rules and regulations of participation and competition as set out by the

C55+GA.  A set of C55+GA rules for that event shall be posted at each venue for

officials and participants to read and follow.

 

31.       If offered, the Host will operate any demonstration events approved by C55+GA             in accordance with the rules provided by the sport governing bodies and C55+GA

game rules. In the absence of rules provided by sport governing bodies the Host

will provide the rules they wish to use to the C55+GA for approval well in advance of the distribution of the registration packages. For Demonstration events selected by the Host, ribbons, in lieu of medals, may be presented to the winners, but neither is necessary.

 

32.       “The “Spirit of the Games” award, presented to the province/territory that

displayed the highest degree of positive attitude, interaction and good

sportsmanship, will be presented during the Games Closing Ceremonies. The             C55+GA will establish a Committee at some point prior to the commencement of   the Games, which will determine the winner of this award.

 

33.       The Host will distribute Games Results in accordance with advice provided by

the C55+GA. Provinces/territories are not ranked by number of medals but it is

permissible to publish the medal counts for each province or territory in                non-numerical order. The reporting shall indicate both the number of medals and the number of participants from the province/territory (i.e. Alberta 273 participants, 35 gold, 27 silver, 18 bronze).

 

(a)             The Host will provide C55+GA with a copy of all of the official results of all

activities. Results shall be recorded in such a manner as to, where

possible, be compared with Canada 55+ Games official records.

 

34.       The Host will ensure that all venues are wheelchair accessible or that provisions

are made to assist people requiring it. All venues will be smoke free in the area

of play.

 

35.       The Host will establish an Appeal Committee to hear any protests resulting from

the Games. The committee shall be comprised of a minimum of three people

one of whom shall be the C55+GA Technical Director or his designate.

 

36.       The Host will provide status reports to the President of C55+GA on a regular basis, at least quarterly, until all requirements of this Agreement and outstanding

contractual obligations have been satisfied. The reports will be reviewed from

the perspective of this Agreement. A Timeline for the Host Committee is

attached as Appendix 3 to this Agreement.

 

37.       The Host will arrange for the C55+GA Directors to conduct a site and venue visit

approximately one year ahead of the Games. A thorough progress report will be

expected at the Annual General Meeting (AGM) to be held at the same time as

the site visit. August 30th – September 1st, 2011 is suggested as the date for the site visit and AGM. A detailed timetable will be determined by the C55+GA and the Host well in advance. The Host is responsible for arranging and paying for a meeting room with coffee, juices, water and nutritious snacks. The Host is not responsible for the cost of C55+GA director travel and accommodation for the AGM but is responsible for any costs associated with venue inspections. An AGM will also be held immediately prior to the 2012 Games and the responsibilities of the Host will be identical to those outlined above. A small meeting room must be made available to the C55+GA for the duration of the Games.

 

Proposed 2011 AGM Timetable:

 

August 30th – September 1st – C55+GA meeting

 

August 31st (10:30am – 12pm): Orientation to the Host Committee. HC is free to invite people whom they wish to attend.

 

August 31st (1-4pm) - Review venue sites

 

38.       Within six months after the completion of the Games, the Host will provide to the

C55+GA:

(a)             An audited financial statement of the income and expenses in relation to

the Games;

(b)            Three copies of a full written report and one electronic copy on all phases

of operation of the Games with recommendations to C55+GA and future

hosts, including but not limited to: promotional materials, videos, taped

interviews, press materials;

(c)             A full set of results of all activities, including raw data where this

information may be appropriate (i.e. Bowling scores, track and field

times/distances; and

(d)             A set of the medals (gold, silver and bronze), awarded at the games.

 

39.       The Host shall provide courtesy vehicles for the exclusive use of the C55+GA

President and the Technical Director from the time of his/her arrival for the

Games until the time of his/her departure following the Games.

 

40.       The Host shall organize an inter-event transportation schedule on a daily basis             during the period of the games(including day of registration),             including pick-ups             at hotels in the morning, drop-offs at the various venues, a continuous daily    circuit between venues and return to hotels at the end of the day. Depending on        the Hosts plan for evening entertainment, this transportation schedule should             include for these events.

 

41.       In compliance with the Privacy Act, the Host Committee may not at any time prior             to, during or after the completion of the Games, release any personal information             to the media or any other party other than the participants name and province             that they are from without the expressed approval of the President of the             C55+GA and the individual(s) involved.

 

DISCLAIMER

 

42.             Nothing in the Agreement is intended to make THE 2010 CANADA 55 PLUS

GAMES HOST ORGANIZATION an agent of the C55+GA for any purpose

whatsoever and THE 2010 CANADA 55 PLUS GAMES HOST ORGANIZATION

and its employees will not be considered to be employees of the C55+GA.

 

43.       THE 2010 CANADA 55 PLUS GAMES HOST ORGANIZATION will not hold

itself, or allow any person other than the C55+GA President or his/her designate             to hold himself or herself out as representing the C55+GA for any purpose             whatsoever.

 

TERM OF THE AGREEMENT

 

44.       The term of this Agreement shall be from the date of this Agreement to six             months after the conclusion of the Games.

 

AMENDING THE AGREEMENT

 

45.       This agreement may be amended in writing by mutual consent. This Agreement

is not assignable.

 

 

TERMINATION OF AGREEMENT

 

46.       Either party may terminate this Agreement with cause by giving the other party             90 days written notice of its intention to terminate.

 

47.       Either party may, upon written notice, immediately terminate this Agreement for

fundamental breach of contract.

 

48.       In the event the Games are cancelled any registration fees collected will be

returned to the individuals who paid them.

 

49.       In the event the Games are cancelled, or this Agreement is terminated, the Host is responsible for any and all costs incurred.

 

NOTICE

 

50.       Any written communication, report or notice required related to this Agreement

will be delivered to:

 

THE CANADIAN SENIORS GAMES                      THE 2010 CANADA 55 PLUS GAMES

ASSOCIATION                                                      HOST ORGANIZATION

 

Mr. Peter Nordland                                                        Mr. Frank Burleigh

President, C55+GA                                                         Co-Chair, 2012 Canada 55+ Games

277 Spinnaker Drive                                       c/o Recreation Department

PO Box 235                                                               320 Esplanade

Cornwallis Park, NS                                                        Sydney, NS

B0S 1H0                                                                    B1P 7B9

 

 

 

 

The Parties have executed this Agreement by their authorized signatures on the dates

below:

 

CANADA 55+ GAMES                                     THE 2010 CANADA 55 PLUS GAMES

ASSOCIATION                                                      HOST ORGANIZATION

 

This ____ day of ____________, 2011.                    This ____ day of ___________, 2011.

 

As represented by                                                        As represented by

 

_Original signed by_Peter Nordland___              _Orginal signed by John Morgan                                                                                                             (Mayor- CBRM)

(printed name and title of signator)                                                                (printed name and title of signator)

 

 

_______________________________                      ______________________________

(Signature of Authorized Representative)                                   (Signature of Authorized Representative)

 

 

In the presence of

 

 

_Original signed by Mae Rowe______             Original signed by Dave McLean____

(Witness – over 19 years of age)                                                   (Witness – over 19 years of age)

APPENDIX 1

 

CORE ACTIVITIES TO BE OFFERED AT THE 2012 CANADA 55+ GAMES

 

(Select 13 - 15 of the following events)

 

 

1.                  Golf (36 holes - 2 days)

 

2.             Cribbage

 

3.         Ice Curling

 

4.             Contract Bridge

 

5.             Swimming

 

6.         Track and Field

 

7.         Ice Hockey

 

8.             Duplicate Bridge

 

9.             Scrabble

 

10.       Slo-Pitch

 

11.       Tennis

 

12.       Darts

 

13.       Floor Shuffleboard

 

14.       8-Ball

 

15.            Badminton

 

APPENDIX 2

 

OPTIONAL ACTIVITIES TO BE OFFERED AT THE 2012 CANADA 55+ GAMES

 

(Select 7 - 11 of the following events, so that the total number                                of events being played is at least 20, but no more than 24)

 

 

Candlepin Bowling                                                                      Whist 

                                                                                   

Lawn Bowling                                                                        Carpet Bowling

 

Arts & Crafts                                                                          Floor Curling

 

Horseshoes                                                                           Forty-Fives (45's)

 

Cycling                                                                                   Washer Toss

 

Crokinole                                                                               Snooker

 

Table Tennis                                                                          Bocce

 

5K/10K Run                                                                           Canoeing

 

Triathlon                                                                                 Kayaking

 

Ice Skating (Predicted Time)                                      Archery

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX 3

 

Host Committee Time Line

 

March 1, 2011                    Games Host Agreement signed

 

April 1, 2011                    Final Sport List submitted to C55+GA

 

June 1, 2011                    Status Report #1 to C55+GA

 

AGM 2011                              30 August – 1 September, 2011

 

Status Report #2 to C55+GA (include updated

budget)

 

Host Committee Orientation by a C55+GA Director

Initial Venue Inspection

 

December 1, 2011           Status Report #3 to C55+GA

(re: Host Committee obligations 10-31)

 

February 1, 2012           Games Registration Packages to C55+GA Directors

& non-member provinces/territories.

 

March 1, 2012                    Status Report #4 to C55+GA (include updated

budget)

 

May 1, 2012                    Final details of Opening & Closing Ceremonies to           C55+GA

 

June 1, 2012           Status Report #5 to C55+GA

 

June 15, 2012                    Preliminary Event schedules submitted to

C55+GA Technical Director & one other Director

 

June 30, 2012                    Registration Deadline; Sask. ONLY July 22

 

July 15, 2012                    Final Registration lists to C55+GA Directors;

Sask. July 29

 

July 30, 2012                    Athlete's confirmation letters in mail

 

Dates TBA, 2012           Final Venue Inspection / Sport Chairs meetings

(3 wks out)                     re: Event schedules, rules, check list by C55+GA

Technical Director ( & "Administration" Director)

 

AGM 2012                              Host Committee Report (on the Games)

(2-3 days prior

to the start)

 

Dates of games                  "Let The Games Begin"

Courtesy vehicles provided to C55+GA President &

Technical Director (duration of Games)

 

Morning after                      Final Games Results to C55+GA Directors

games end, 2012

November 30, 2012          Financial payment to C55+GA

February 28, 2013           Final Games Report to C55+GA